landowner issues

The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney
fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad
faith.

The 7th Circuit Court of Appeals found that an order, while unclear, did require a company to become the operator of leases
involving oil and gas fields in Texas. But the judges held the District Court judge didn’t fully explain why he was
imposing the sanction he did, so the 7th Circuit vacated the sanction.

The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass
and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling
station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.

The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with
a condominium complex, which would affect the use of a sidewalk by the condo homeowners.

The Indiana Court of Appeals has upheld a ruling by a Marion Superior judge in a land title case, finding that a bona fide
property purchaser can not be held responsible for deficiencies in the court record that led to the underlying dispute.

Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt
for doing work on a site with possible environmental issues after a temporary restraining order had been issued.

The Indiana Supreme Court has reversed a trial court’s decision to set aside a tax deed, finding the Marion County auditor’s
office satisfied the due process requirement articulated by the United States Supreme Court.

The Indiana Supreme Court has issued an answer to a certified question about how state law plays into a federal railroad right-of-way
case that involves property owners who want their land rights back for easements that once belonged to a railroad company.

The Indiana Court of Appeals has upheld a LaGrange Circuit judge’s decision granting summary judgment for a group of
land owners caught up in a court dispute with neighbors about a portion of land situated between the plaintiffs’ homes
and the shore of Big Long Lake.

The Indiana Court of Appeals has reversed a decision in favor of a title company, finding that the trial court must re-examine
the case to decide if the two property owners have an action for negligent contract misrepresentation relating to a land easement
dispute.

The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving
legislative fines against lawmakers and Secretary of State Charlie White.

The Indiana Court of Appeals reversed the decision that would allow two homeowners to run a child care operation out of their
residences. The homeowners’ association has restrictive covenants in place prohibiting the operation of a child care
home.

The 7th Circuit Court of Appeals was presented a novel jurisdictional issue Tuesday: whether a municipal land use case can
come within the exception to the doctrine of mootness for cases that are capable of repetition yet elude review.

The Indiana Court of Appeals concluded that the right of first refusal set forth in a purchase agreement of land between neighbors
could only be exercised between the two neighbors and didn’t apply to the sale of land by an estate.

Indiana Tax Judge Martha Wentworth denied the Marion County assessor’s motion to dismiss two petitioners' original
tax appeal, finding the parties properly served a copy of the petition with the attorney general’s office.

The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether
landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined
to certify a question to the Indiana Supreme Court.